High Court rejects bail application for car theft accused senior army cleric

gavel religion

Mashudu Netsianda, Senior Court Reporter
THE High Court has rejected an application for bail pending appeal against conviction and sentence by a senior army cleric who was jailed six years for stealing a car belonging to a Gwanda businessman and stripping it.

Solomon Ndlovu, a captain in the Zimbabwe National Army (ZNA) and chaplain at Mbalabala Barracks, was in January convicted of theft of a motor vehicle by Gwanda regional magistrate Mr Mark Dzira after a full trial.

He was sentenced to six years in jail of which two months were suspended for five years on condition of good behaviour.  A further six months were suspended on condition he restituted the businessman $2 500 leaving him with an effective 64 months to serve.

Ndlovu borrowed a Toyota Hilux vehicle from the businessman Mr Osfael Mazibuko, which he later stripped and stole the engine and gearbox.

He then fitted the engine and gearbox onto another vehicle.

In dismissing Ndlovu’s application, Bulawayo High Court judge Justice Francis Bere ruled that there were no prospects of success on appeal. The judge said there was a likelihood that if granted bail, Ndlovu would abscond.

Ndlovu, through his lawyers Dube and Associates filed his application at the Bulawayo High Court citing the State as a respondent.

The complainant, who lives in Bulawayo, owns Fast Track Electrical Company in South Africa and runs farming and conservancy projects in Zimbabwe.

According to State papers, sometime in July 2016 while in Bulawayo, Ndlovu was given the Toyota Hilux by Mr Mandla Sibanda, a manager at Mazibuko’s farm who had received instructions via the phone to do so from his boss.

On March 30 last year, Ndlovu drove the car from Bulawayo to Zezani turnoff along the Bulawayo-Beitbridge road. He then contracted a mechanic Mr Norbert Mazhambe, who is employed by one Mr Lizwe Ndlovu to remove the vehicle’s engine and gearbox.

Mr Mazhambe removed the engine and gearbox as instructed before fitting them onto a Mazda B2200 vehicle.

Ndlovu then dumped the Toyota Hilux body at Zezani turnoff. The offence was discovered when Mr Dennis Ndlovu found the vehicle body dumped and called Mr Mazibuko.

A report was made to the police leading to the arrest of the army cleric.

In his grounds of appeal, Ndlovu said there was no evidence that he was a flight risk.

“The appellant (Ndlovu) is a family man with a wife and young children. He has no intention of absconding since he has an obligation to look after his family. It is therefore impossible that he can dump his family and flee from the long arm of the law,” he said in the appeal.

He said that there were prospects of success on appeal and argued that there was misdirection on the part of the magistrate who convicted him. The State through Mr Whisper Mabaudhi opposed the application, saying if granted bail, Ndlovu was likely to abscond.

He said the trial court did not err in dismissing Ndlovu’s application as there were no prospects of success on appeal against both conviction and sentence. — @mashnets

You Might Also Like

Comments